Transitional Justice in Italy and the Crimes of Fascism and Nazism

Cover
Half Title
Series Page
Title Page
Copyright Page
Dedication
Table of Contents
Timeline of the main historical events
Timeline of the main transitional justice events
Acknowledgements
Introduction
Part I The Italian experience of transitional justice
	Chapter 1 Historical, legal and judicial context of the transition
		1.1 What do we call transitional justice?
		1.2 Historical background: The crimes of Fascism and during World War II
		1.3 The criminal prosecution of Fascist crimes committed in Italy
			1.3.1 Applicable law: “Sanctions against Fascism”
			1.3.2 The judging courts: The Extraordinary Courts of Assize
			1.3.3 A turn towards clemency
			1.3.4 The Togliatti amnesty
			1.3.5 Following clemency measures (1946–1966)
		1.4 The criminal prosecution of crimes committed by the Italian army against foreign populations
			1.4.1 Applicable law
			1.4.2 The “fight” of the government to avoid prosecution
		1.5 The criminal prosecution of the crimes of the Resistance
			1.5.1 The Resistance on trial
		1.6 The criminal prosecution of Nazi crimes against the Italian population
			1.6.1 The prosecution before the military tribunals of the US and the UK
			1.6.2 The Italian prosecution: First phase (1948–1960)
			1.6.3 The standstill and the discovery of the Armoire of Shame
			1.6.4 The Italian prosecution: Second (1994–2002) and third (2002–2013) phases
	Chapter 2 The Togliatti amnesty
		2.1 The Togliatti amnesty as a paradigm of the Italian transition
		2.2 The role of political amnesties in the Italian history
		2.3 The three “Fascist crimes”
			2.3.1 Article 2 of Legislative Decree of the Lieutenant of the Realm of 27 July 1944, No. 159
			2.3.2 Article 3 of Legislative Decree of the Lieutenant of the Realm of 27 July 1944, No. 159
			2.3.3 Article 5 of Legislative Decree of the Lieutenant of the Realm of 27 July 1944, No. 159
		2.4 The Togliatti amnesty on the books
			2.4.1 The content of the amnesty decree
		2.5 The Togliatti amnesty in action
			2.5.1 The exceptions: Persons with high functions of civil, political or military command
			2.5.2 The exceptions: Facts of … massacre
			2.5.3 The exceptions: Facts of … murder
			2.5.4 The exceptions: Facts of … pillage
			2.5.5 The exceptions: Facts of … particularly cruel brutality
			2.5.6 The exceptions: Crimes committed for profit
Part II A critical approach to the transition
	Chapter 3 The Togliatti amnesty within the framework of transitional justice
		3.1 The Togliatti amnesty from a criminal law perspective
		3.2 The Togliatti amnesty from a historical perspective
		3.3 The Togliatti amnesty from a transitional justice perspective
			3.3.1 Forms of transitional amnesties
			3.3.2 Labelling the Togliatti amnesty
		3.4 The Togliatti amnesty and today’s international criminal law
	Chapter 4 The Italian experience within the framework of transitional justice
		4.1 Amnesic amnesty vs. oblivial amnesty: Analogies and differences between Italy and Spain
		4.2 The constituent role of amnesty and the importance of founding myths: Lessons from South Africa
			4.2.1 Looking for the founding myth
			4.2.2 Transition, victims and truth
		4.3 Italian transitional justice and historical memory
			4.3.1 The post-war memorial paradigm in Europe
			4.3.2 The European Union and the post-1989 memorial paradigm
			4.3.3 An Italian exception?
		4.4 Italian transitional justice and the Holocaust: A self-acquitting myth?
			4.4.1 The Holocaust in post-war criminal justice and legislation
			4.4.2 The implantation of the EU memorial paradigm: The Shoah Memorial Day, the criminal prosecution of denialism
Part III Facing the present, facing the future
	Chapter 5 The legacy of the Italian transitional justice
		5.1 A difficult balance of the Italian transitional justice
		5.2 The future of transitional amnesties
		5.3 Criminal law and the protection of historical memory
			5.3.1 Fascism, anti-Semitism and the criminalisation of symbols and gestures: A comparative analysis between Italy and Germany
			5.3.2 Social networks: The new front of the war?
		5.4 Contemporary Italy between amnesty and amnesia
Index